Md. Anish v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1831 of 2026 Arising Out of PS. Case No.-325 Year-2024 Thana- SULTANGANJ District- Patna ====================================================== 1.
Md. Anish S/O Late Md. Sahbuddin Resident of Shahganj, Khet Colony, P.S.- Sultanganj, District- Patna 2.
Md. Arif S/O Md. Anish Resident of Shahganj, Khet Colony, P.S.- Sultanganj, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Krishna Jha For the Opposite Party/s :
Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-07-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Sultanganj P.S. Case No. 325 of 2024 instituted for the offence under Sections 109, 3(5), 126(2), 115(2) of the B.N.S., 2023.
3. The case of the prosecution is that the informant came out of his house and heard a noise of falling some heavy object. He found that his brother namely, Samir was lying in the lane in a pool of blood. After this, the informant raised an alarm. The victim was referred to Mediversal Hospital, Kankerbagh due to his serious condition. Thereafter, the informant checked
Patna High Court CR. MISC. No.1831 of 2026(6) dt.09-07-2026 2/3 the mobile of his brother and he came to know that he was on talking terms with one Muskan Parveen. It is further alleged that the family members of Muskan have called the brother of the informant and they had assaulted him badly and after assaulting him badly, they have thrown him from the roof of house.
4. Learned counsel for the petitioners submits that petitioners are quite innocent and have committed no offence. He further submits that from bare perusal of F.I.R., it is apparent that informant is not an eye-witness to the occurrence and only on the basis of call details in mobile phone of brother of informant, these petitioners have been made accused. He further submits that as per F.I.R., the alleged occurrence took place on 27.07.2024, but F.I.R. has been lodged on 05.08.2024 and there is no plausible explanation of delay. Petitioners are father and brother of co-accused Muskan Parveen, with whom, there is allegation of love-affairs of brother of informant. Informant has not seen the actual occurrence and only on the basis of suspicion, petitioners have been implicated in this case. Similarly situated co-accused Shahin Parveen and Muskan Praveen have already been granted anticipatory bail by a coordinate Bench of this Court. Petitioners claim clean antecedent.
Patna High Court CR. MISC. No.1831 of 2026(6) dt.09-07-2026 3/3
5. Learned A.P.P. for the State has opposed the bail petition.
6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Patna City, Patna, in connection with Sultanganj P.S. Case No. 325 of 2024, subject to condition as laid down under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J) anay U T